Terms of Use | FX Foundations

Terms of Use

Terms and Conditions

the agreement

Terms of Use FX Foundations

FXFOUNDATIONS.COM WEBSITE TERMS of Use

 

These Terms of Use, and all other documents referred to herein, set out the terms of use under which you may use this website, fxfoundations.com (the “Site”). Please read these Terms of Use carefully and ensure you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the Site and you will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using the Site immediately.

 

  1. Definitions
    • In these Terms of Use, the following expressions have the following meanings:

 

“Account” means an account required for a User to access and/or use certain areas of the Site;
“Content” means all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, the Site;
“Paid Content” means digital content made available for sale via the Site;
“User” means a user of the Site; and
“User Content” means any content submitted to the Site by Users; and
“we”, “us” and “our” means FXFPublishing Ltd, a company registered in England and Wales under company number 10099133 and whose registered address is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.

 

  1. Access to the Site
    • Access to the Site is free of charge.
    • You must make all arrangements necessary to access the Site.
    • Access to the Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Site (or any part of it) at any time and without notice. We will not be liable to you in any way if the Site (or any part of it) is unavailable at any time and for any period.

 

  1. Accounts
    • Certain parts of the Site require an Account in order to access them.
    • You may not create an Account if you are under 18 years of age.
    • When creating an Account, the information you provide must be accurate and complete. If any of your information subsequently changes, you must ensure your Account information is promptly updated.
    • We recommend you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. You must keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, you must contact us immediately at [email protected] We will not be liable for any unauthorised use of your Account.
    • You must not use anyone else’s Account.
    • Any personal information provided in your Account will be collected, used and held in accordance with your rights and our legal obligations.
    • You may close your Account at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of the Site requiring an Account for access.

 

  1. Intellectual property rights
    • With the exception of User Content and unless labelled otherwise, all Content included on the Site and the copyright and other intellectual property rights subsisting in that Content belongs to or has been licensed by us. All Content (including User Content) is protected by applicable national and international intellectual property laws and treaties.
    • Subject to clause 4.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store or in any other manner re-use Content from the Site without our prior written consent.
    • You may:
      • access, view and use the Site in a web browser (including any web browsing capability built into other types of software or app);
      • download any Content where we have provided a link enabling you to do so;
      • download the Site (or any part of it) for caching;
      • print one copy of any page(s) from the Site for your personal use;
      • download extracts from pages on the Site for your personal use; and
      • save pages from the Site for your personal later and/or offline viewing.
    • Our status as the owner and author of the Content on the Site (or that of identified licensors, as appropriate) must always be acknowledged.
    • You may not use any Content printed, saved or downloaded from the Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate).

 

  1. User Content
    • An Account is required if you wish to submit User Content.
    • You agree that you are and will be solely responsible for your User Content. You agree, represent and warrant that you have the right to submit the User Content and that all your User Content will comply with our acceptable usage policy, detailed in clause 11 below.
    • You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you under clause 5.3. You will be responsible for any loss or damage suffered by us because of such breach.
    • You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting the Site. In addition, you also grant other Users the right to copy and quote your User Content within the Site.
    • We may reject, reclassify or remove any User Content from the Site where, in our opinion, it violates our acceptable usage policy, or if we receive a complaint from a third party and determine that the User Content in question should be removed as a result.

 

  1. Links to the Site
    • You may link to the Site provided that you:
      • do so in a fair and legal manner;
      • do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
      • do not use any logos or trade marks displayed on the Site without our prior written consent; and
      • do not do so in a way that is calculated or is otherwise likely to damage our reputation or to take unfair advantage of it.
    • Framing or embedding of the Site (or any part of it) on other websites is not permitted without our prior written consent.
    • You may not link to the Site from any other site the main content of which contains material that:
      • is sexually explicit;
      • is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • promotes violence;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
      • is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset or embarrass another person or persons;
      • is calculated or is otherwise likely to deceive another person or persons;
      • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated or otherwise likely to deceive;
      • implies any form of affiliation with us where none exists;
      • infringes, or assists in the infringement of, any rights of any other party; or
      • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

  1. Links to other websites

Links to other websites may be included on the Site. Unless expressly stated, we do not control these websites. We neither assume nor accept responsibility or liability for the content of third party websites. The inclusion of a link to another website on the Site is for information only and does not imply any endorsement of the websites themselves or of those in control of them.

 

  1. Disclaimers
    • NOTHING ON THE SITE CONSTITUTES ADVICE ON WHICH YOU SHOULD RELY. IT IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. PROFESSIONAL OR SPECIALIST ADVICE SHOULD ALWAYS BE SOUGHT BEFORE TAKING ANY ACTION ON THE BASIS OF ANY INFORMATION PROVIDED ON THE SITE.
    • TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES, THAT IT WILL BE COMPATIBLE WITH ALL SOFTWARE AND HARDWARE OR THAT IT WILL BE SECURE. IF, BECAUSE OF OUR FAILURE TO EXERCISE REASONABLE CARE AND SKILL, ANY DIGITAL CONTENT FROM THE SITE DAMAGES YOUR DEVICE OR OTHER DIGITAL CONTENT BELONGING TO YOU, YOU MAY BE ENTITLED TO CERTAIN LEGAL REMEDIES. FOR MORE DETAILS CONCERNING YOUR RIGHTS AND REMEDIES AS A CONSUMER, CONTACT YOUR LOCAL CITIZENS ADVICE BUREAU OR TRADING STANDARDS OFFICE.
    • WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE CONTENT ON THE SITE IS COMPLETE, ACCURATE AND UP TO DATE. WE DO NOT, HOWEVER, MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES (WHETHER EXPRESS OR IMPLIED) THAT THE CONTENT IS COMPLETE, ACCURATE OR UP TO DATE.
    • WE ARE NOT RESPONSIBLE FOR THE CONTENT OR ACCURACY, OR FOR ANY OPINIONS, VIEWS OR VALUES EXPRESSED IN USER CONTENT. ANY SUCH OPINIONS, VIEWS OR VALUES ARE THOSE OF THE RELEVANT USER AND DO NOT REFLECT OUR OPINIONS, VIEWS OR VALUES IN ANY WAY.
    • The opinions, views and values expressed in content on the Site are those of the authors of that content and do not necessarily represent our opinions, views or values.

 

  1. Our liability
    • The provisions of this clause 10 apply only to the use of the Site and not to Paid Content or services purchased from us, which are governed separately by our Terms of Use. Limitations and exclusions stated to apply to Content in this clause 10 may not apply to Paid Content and/or services purchased from us.
    • TO THE FULLEST EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER FORESEEABLE OR OTHERWISE, IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF (OR INABILITY TO USE) THE SITE OR THE USE OF OR RELIANCE UPON ANY CONTENT (INCLUDING USER CONTENT, BUT NOT INCLUDING PAID CONTENT) INCLUDED ON THE SITE.
    • TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES (WHETHER EXPRESS OR IMPLIED) THAT MAY APPLY TO THE SITE OR ANY CONTENT (EXCLUDING PAID CONTENT) INCLUDED ON THE SITE.
    • The Site is intended for non-commercial use only. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • WE EXERCISE ALL REASONABLE SKILL AND CARE TO ENSURE THE SITE IS FREE FROM VIRUSES AND OTHER MALWARE. HOWEVER, SUBJECT TO CLAUSE 9.2, WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM A VIRUS OR OTHER MALWARE, A DISTRIBUTED DENIAL OF SERVICE ATTACK OR OTHER HARMFUL MATERIAL OR EVENT THAT MAY ADVERSELY AFFECT YOUR HARDWARE, SOFTWARE, DATA OR OTHER MATERIAL THAT OCCURS BECAUSE OF YOUR USE OF THE SITE (INCLUDING THE DOWNLOADING OF ANY CONTENT) OR ANY OTHER WEBSITE REFERRED TO ON THE SITE.
    • WE NEITHER ASSUME NOR ACCEPT RESPONSIBILITY OR LIABILITY ARISING OUT OF ANY DISRUPTION OR NON-AVAILABILITY OF THE SITE RESULTING FROM EXTERNAL CAUSES INCLUDING, BUT NOT LIMITED TO, ISP EQUIPMENT FAILURE, HOST EQUIPMENT FAILURE, COMMUNICATIONS NETWORK FAILURE, NATURAL EVENTS, ACTS OF WAR OR LEGAL RESTRICTIONS AND CENSORSHIP.
    • TO THE FULLEST EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY TO ANY USER FOR THE ACTIONS, OMISSIONS AND/OR NEGLIGENCE OF ANY THIRD PARTY, WHETHER THAT THIRD PARTY HAS ADVERTISED ITS SERVICES ON THE SITE OR WHETHER ANY CONTENT ON THE SITE REFERS TO THAT THIRD PARTY AND/OR ITS SERVICES. YOUR CONTRACT (IF ANY) FOR THE SALE AND PURCHASE OF A THIRD PARTY’S SERVICES IS DIRECTLY BETWEEN YOU AND THE SERVICE PROVIDER AND WE ARE NOT A PARTY TO THAT CONTRACT.
    • THESE TERMS OF USE MUST BE READ IN CONJUNCTION WITH OUR DISCLAIMER, WHICH IS INCORPORATED INTO THESE TERMS OF USE BY THIS REFERENCE.
    • Nothing in these Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence (or that of our employees or agents), or for any other forms of liability which cannot be excluded or restricted by law. For more details concerning your rights and remedies as a consumer, contact your local Citizens Advice Bureau or Trading Standards office.

 

  1. Viruses, malware and security
    • We exercise all reasonable skill and care to ensure the Site is secure and free from viruses and other malware.
    • You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
    • You must not deliberately introduce viruses or other malware or any other material which is malicious or technologically harmful either to or via the Site.
    • You must not attempt to gain unauthorised access to any part of the Site, the server(s) on which the Site is stored, or any other server, computer or database connected to the Site.
    • You must not attack the Site by means of a denial of service attack, a distributed denial of service attack or by any other means.
    • By breaching the provisions of clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. All such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with the enquiries of those authorities. Your right to use the Site will cease immediately in the event of such a breach.

 

  1. Acceptable usage policy
    • You may only use the Site in a manner that is lawful and that complies with the provisions of this clause 12. Specifically, you must:
      • ensure you comply fully with all relevant local, national or international laws and regulations;
      • not use the Site in any way, or for any purpose, that is unlawful or fraudulent;
      • not use the Site to knowingly send, upload or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
      • you must not use the Site in any way, or for any purpose, that is intended or otherwise likely to harm any person or persons in any way.
    • When submitting User Content (or communicating in any other way using the Site), you must not submit, communicate or otherwise do anything that:
      • is sexually explicit;
      • is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • promotes violence;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
      • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset or embarrass another person;
      • is calculated or is otherwise likely to deceive;
      • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
      • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated or otherwise likely to deceive;
      • implies any form of affiliation with us where none exists;
      • infringes, or assists in the infringement of, the rights of any other party; or
      • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • We reserve the right to suspend or terminate your access to the Site if you breach the provisions of this clause 12 or any of the other provisions of these Terms of Use. Specifically, we may:
      • suspend (whether temporarily or permanently) your Account and/or your right to access the Site;
      • remove any User Content submitted by you that violates this acceptable usage policy;
      • issue you with a written warning;
      • take legal proceedings against you for reimbursement of all relevant costs on an indemnity basis resulting from your breach;
      • take further legal action against you as appropriate;
      • disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
      • take any other actions we deem appropriate.
    • We hereby exclude all liability arising out of any actions (including, but not limited to, those set out above) that we may take in response to breaches of these Terms of Use.

 

  1. Advertising

We may feature advertising on the Site. We are not responsible for the content of any advertising on the Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on the Site including, but not limited to, any errors, inaccuracies, or omissions. Publishing an advertisement for a third party does not constitute our endorsement or recommendation of that third party and/or their services.

 

    1. Privacy and cookies

Use of the Site is also governed by our Privacy and Cookies Policy, available at HERE. That policy is incorporated into these Terms of Use by this reference.

 

  1. Changes to these Terms of Use
    • We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of the Site after the changes have been implemented. You should therefore check this page regularly.
    • If there is any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless expressly stated otherwise.

 

    1. Contacting us

To contact us, please email [email protected] or use our contact page at HERE.

 

  1. Communications from us
    • If we have your email address (if, for example, you have an Account) we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, our Terms of Sale and changes to your Account.
    • We will never send you marketing emails without your consent. If you give such consent, you may opt out at any time: all marketing emails we send include an unsubscribe link. Email marketing options can also be changed in your Account preferences. If you opt out of receiving marketing emails from us, it may take up to 20 business days for us to comply with your request. During that time, you may continue to receive marketing emails from us.

 

  1. Data protection
    • All personal information we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and our obligations under that Act.
    • We may use your personal information to:
      • provide and administer your Account;
      • reply to any communications you send to us;
      • tell you about additional services we may introduce; and
      • send you important notices, as detailed in clause 17.
    • We will not pass on your personal information to any third parties.

 

  1. Governing law and jurisdiction
    • These Terms of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    • Any disputes concerning these Terms of Use, the relationship between you and us or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Scotland, Wales or Northern Ireland, as determined by your residency.